Showing : 1871-1880 of 4821 Results

PUNJAB & HARYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of second suit - Relief sought in the present suit was in the knowledge of plaintiff at the time filing of earlier civil suit - Held, suit is barred U.O.2.R.2 CPC...........
MADRAS HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 20-- Specific performance - Held, mere acceptance of receipt of money by defendant will not give any entitlement to plaintiff to have relief of specific performance in her favour...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Court Fees Act, 1870, Section 7(iv)(c), Specific Relief Act, 1963, Section 34-- Declaratory suit - Ad valorem court fee - Payment of - Plaintiff pleaded that he did not execute sale deed, but he sought declaration regarding entire sale deed being invalid - Held, plaintiff is liable to pay ad valorem court fee on entire sale consideration recited in sale deed - However, if..........
MADRAS HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 15, 20, Indian Contract Act, 1872, Section 2(g)-- Agreement to sell - Specific performance - Plaintiff did not sign agreement of sale - Held, such agreement cannot be construed as valid agreement which could be enforced in accordance with law - Since plaintiff is not at all a party to contract, she has mis-represented before Court as if she is a..........
MADRAS HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 23, Rule 1- - Bar of suit U.O.2.R.2 - Suit for permanent injunction, restraining defendants from alienating suit property to any third parties, reserving her right to file suit for specific performance - Held, plaintiff does not have such power to reserve his right to file suit for specific performance after..........
MADRAS HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 16(c)-- Readiness and willingness - Held, plea of readiness and willingness is to be determined having regard to entire attending circumstances - Mere averment in plaint or in chief-examination that plaintiff is ready and willing to perform his part of contract is not at all sufficient and his conduct..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 38-- Suit for injunction and possession - Amendment of plaint - Application for - Nature of suit does not change at all if amendment sought is allowed to be incorporated - Plaintiffs still claim to be owners in possession of suit and - Basis of their case also does not change - They continue to claim..........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Propriety - No relief sought against Respondents Nos. 2 & 3 - Not necessary party - Order of impleadment rightly set aside...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 1, Rule 9-- Suit for permanent injunction - Necessary party - Suit has been filed on the basis of possession by respondent - Appellants pleaded their possession over suit land as non occupancy tenants but they have failed to prove their possession on any part of suit land - Respondent in the suit has pleaded..........
PATNA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Rejection of plaint sought on ground that relief pertaining to challenging of orders was time-barred - Order not annexed to the plaint - From averments of plaint it does not appear that plaintiffs sue upon this document or rely upon the same in support of their claim - Held,..........

Showing : 1871-1880 of 4821 Results